التراخي بالمطالبة سبب من اسباب سقوط الحق بالمطالبة بالتعويض

Abstract

Laxity as a term was originally introduced by Muslim jurists, and it means laziness and procrastination. This term was not mentioned in legal texts, especially the Iraqi Civil Law. However, it is noted that the Federal Court of Cassation, and before it the courts of first instance and personal status courts, took this term as an indication of the plaintiff's failure to claim his right for a period of time, which made it take it as a reason to reject the claim for the right, based on its own interpretation and contrary to the legal texts that did not consider laxity a reason for the right to lapse. The Iraqi courts considered laxity a reason for the right to claim compensation to lapse without a legal basis, and this is considered an infringement on the legal texts. In this research, we will discuss the meaning of laxity and whether it can be considered a reason for the right to claim compensation to lapse, and the extent of the validity of this interpretation adopted by the Iraqi courts.